Patna High Court
Kundan Kumar @ Kundan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 12.75 litres of illicit liquor were recovered from a cow shed. He contended that he was not present at the site, that the liquor was not in his conscious possession, and that his name appeared only on suspicion. The State opposed bail, highlighting four pending excise-related criminal cases against the petitioner. The High Court, considering the facts and the petitioner’s criminal antecedents, declined to grant anticipatory bail. However, the Court directed the trial court to entertain a regular bail application if the petitioner surrenders within six weeks, allowing the trial court to decide on merit without prejudice to the present order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the alleged offence and his pending criminal cases.
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21806 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- MOHANPUR District- Samastipur
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Kundan Kumar @ Kundan Mahto S/o Dinesh Mahto @ Dinesh pRASAD
Mahto Resident of Village- Bindgama, P.S.- Mohanpur, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Mohanpur P.S. Case No.11 of 2026, for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022 pending before the Court of
Special Judge Excise Court No.II, Samastipur.
3. As per the prosecution, the total recovery of 12.75
litres of illicit liquor have alleged to be made from a cow shed,
which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that petitioner was not present on the place of
occurrence and his name has been transpired only on suspicion.
Counsel further submits that criminal antecedent of the
Patna High Court CR. MISC. No.21806 of 2026(2) dt.08-04-2026
2/2
petitioner is not clean as there are four criminal cases pending
against him in which he is on bail. He further submits that the
recovery has not been made in conscious possession of the
petitioner. He further submits that recovery has been made from
a open place which does not belongs to the petitioner.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are four criminal cases (relating
to Excise Act) pending against him and this aspect must be
taken into consideration.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, trial court is directed to consider the
regular bail application of the petitioner, if he surrenders within
six weeks from today and prays for regular bail, then trial court
shall pass order on merit without being prejudice of the present
order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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